DA charges teen as adult

A Greeley teenager whose 2-year-old cousin died in his care changed his story to police three times before admitting that he shoved the toddler in a struggle over his cellphone while checking his Facebook account, according to a Greeley police affidavit.

Weld District Attorney Ken Buck on Monday charged the teen as an adult, filing one charge of child abuse resulting in death against Jesus Cornelio, 17. If convicted, he could face from eight to 24 years in prison, but prosecutors also could fashion a deal to put him in the Youth Offender System. In past cases involving juveniles charged as adults, lengthy adult sentences have been suspended if the teens successfully complete programs in the YOS system.

Buck on Monday declined to discuss his reasoning for charging Cornelio as an adult, but said there were several factors he considered.

“I can’t talk about the case factually, but I can tell you we considered all the factors regarding what’s in the best interest of justice and determined that this was an appropriate case to direct file,” Buck said. Buck said there were 11 to 12 factors to check off in filing an adult charge against a juvenile.

Cornelio is just a little over a month away from turning 18.

“Certainly the age at the time of the offense is a factor,” Buck said. “As we deliberated, we look at all of the factors. Some were present, some weren’t, some weighed more heavily than others.”

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Police responded to North Colorado Medical Center on March 22, after Jose Cornelio-Espinoza was brought in unresponsive with a severe head injury. He was immediately flown to Children’s Hospital in Aurora, where he suffered a cardiac arrest during surgery. Doctors were able to revive him, but he died two days later.

According to a Greeley police affidavit, which Buck released Monday, Cornelio told police differing stories before finally admitting to shoving the child during a struggle over his cellphone.

Cornelio told police he was sitting on the couch accessing his Facebook account on his cellphone when the toddler kept trying to grab the phone, which angered him.

“Jesus Cornelio then stated he violently struck Jose Angel Cornelio-Espinosa in the chest, which caused (him) to fall backward and hit the back of his head, ‘hard,’ ” according to the affidavit.

Cornelio said he tried to pick up the boy and revive him by shaking him a few times, the affidavit stated.

“Once this happened, Jose Angel Cornelio-Espinoza began vomiting and became almost lifeless,” the affidavit stated.

In a rally outside the Weld County Courthouse last week, his family said that day was the first time Cornelio had watched the child. His father, Martin Cornelio, said his son was reluctant to watch the child because he was rowdy. But his family persuaded him. His family said he also was watching his 4-month-old nephew that day, and there had never been any problems. The family would not comment for this story Monday.

Originally, Cornelio told police the toddler fell from a couch outside of his presence, and he found the boy lying face down on the floor. He stated he tried to revive the toddler by giving him a bottle, then called 911 for help.

In a second interview with a different officer, Cornelio recited the same story, but he added that he had moved a coffee table in the living room prior to “engaging in horseplay with the boy.” He changed his story again, the affidavit reported, adding that he had been in the kitchen and had been watching the boy jump on the couch, before he fell off and struck his head on one of the coffee table legs.

“Jesus Cornelio (said) he did not tell the truth because he knew he should not have let Jose Angel Cornelio-Espinoza jump on the couch,” the affidavit stated.

As he continued to speak with detectives, Jesus changed his story a fourth time, this time admitting that he shoved the child in the struggle over his phone.

Cornelio admitted to moving the coffee table into the living room so it would look like he was playing carefully with the toddler, then called paramedics for help, the affidavit stated.

The affidavit stated Cornelio admitted to being a previous gang member, but Buck said he did not consider the teen an active player, and it played no role in determining his charge.

Cornelio is due in court for a formal advisement by Weld District Court Judge Thomas Quammen on April 26.

The last major case in which Buck filed an adult charge on a teenager involving a death was in 2007, when Carlos Manzo, 15, took his father’s pickup and ran over two young girls, killing one, in east Greeley. Buck filed adult charges against him, and crafted a deal in which he would be sentenced to 12 years in prison, which would be cut in half if he could successfully complete the Youth Offender System.